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AO 110 (Rev. 01/09) Subpoena to Testify Before a Grand Jury 



United States District Court 

for the 
District of Massachusetts 

SUBPOENA TO TESTIFY BEFORE A GRAND JURY 



To: JOSHUA GAY 

9 Ellery Street #32 
Cambridge, MA 02138 

YOU ARE COMMANDED to appear in this United States district court at the time, date, and place shown 
below to testify before the court's grand jury. When you arrive, you must remain at the court until the judge or a court 
officer allows you to leave. 



pl Grand Jury Room, 10th Floor 

rlace: j ohn j ose p n Moakley Federal Courthouse 

1 Courthouse Way 

Boston. MA 0221 



Date and Time: 

05/26/2011 11:00 am 



You must also bring with you the following documents, electronically stored information, or objects (blank if not 

applicable) : 

SEE ATTACHMENT 

If you have any questions, please contact Special Agent Michael Pickett with the U.S. Secret Service at 617-565-5640. 



Date: 



05/06/2011 




CLERK OF COURT 



Signature of Clerk or Deputy Clerk 



The name, address, e-mail, and telephone number of the United States attorney, or assistant United States attorney, who 

requests this subpoena, are: 
AUSA: STEPHEN P. HEYMANN .4, 
John Joseph Moakley £L>' " 

United States Attorney's Office ^ 
1 Courthouse Way, Suite 9200 
Boston, MA 02210 
Telephone: 617-748-3181 



AO 1 10 (Rev. 01/09) Subpoena to Testify Before Grand Jury (Page 2) 



PROOF OF SERVICE 



This subpoena for (name of individual or organization) 
was received by me on (date) 



O I personally served the subpoena on the individual at (place) 



Date: 



on (date) ; or 



D I left the subpoena at the individual's residence or usual place of abode with (name) 

, a person of suitable age and discretion who resides there, 
on (date) , and mailed a copy to the individual's last known address; or 

O I served the subpoena on (name of individual) , who is 

designated by law to accept service of process in behalf of (name of organization) 



on (date) ; or 



□ I returned the subpoena unexecuted because ; or 

□ Other (specify): 

For personal appearances only: 

Fact witness travel and reimbursement instructions are attached. 

If you have travel or reimbursement questions call witness travel coordinator 

Janet Smith at 61 7-748-31 67. 

For after business hour emergencies, call 617-748-3100. 
I declare under penalty of perjury that this information is true. 



Server 's signature 



Printed name and title 



Server 's address 
Additional information regarding attempted service, etc: 



Attachment A 
You are required to produce all documents, records and data relating to, regarding or 
referring to the following: 

+ Geurilla Open Access 

(1) Materials used on the Geurilla Open Access Facebook 

page; 

(2) The Guerilla Open Access Manifesto; 

(3) Written, oral and electronic communications concerning 

the Guerilla Open Access Manifesto. 
Written, oral and electronic communications with Aaron 
Swari2, 1 land/ur| | 

Electronic downloading, transfer, distribution, uploading to file 
sharing sites and or storage of scientific journal articles; 
* g ueril Iaopenaccess_coiti ? gueril laopenae ce ss .net and/or aaronsw.com 

JSTOR. including, without limitation, 

(1) Jstor.org; 

(2) Journals documents, records and daLa digitized by 
JSTOR, 

(3) Journals, documents, records and data stored by JSTOR; 

(4) Journals, document, records and data originating at 
JSTOR; 

(5) Means of access to JSTOR. 

(6) Computer software capable of making repeated requests 

Page I of 3 



for documents, records and data from JSTOR; 
(7) Computer software capable of making repeated 
downloads of documents, records and data from 
JSTOR. 

For the purpose of this subpoena, '"documents, records and data" include, without 
limitation, all written, printed, typed, photographed, recorded or otherwise reproduced or stored 
communications or representations, whether comprised of tetters, words, numbers, pictures, 
sounds or symbols, or any combination thereof, whether deliberately, inadvertently or 
automatically stored. "Documents, records and data" include copies or duplicates of documents 
contemporaneously or subsequently created which have any non-conforming notes or other 
markings and the backsides of any communications or representations which contain any of the 
above, and all deleted files and e-mails which are available from system back-ups. 

By w r ay of example, "documents, records and data tT include, but are not limited to: 
electronic mail; instant messages; computer files; correspondence; memoranda; notebooks; notes; 
drafts; records; letters; envelopes; telegrams; messages; descriptions; plans; schematics; diagrams; 
drawings; specifications; analyses; agreements; accounts; checks: bank statements; payroll 
records; contracts; employment agreements; working papers; reports and summaries of 
investigations; trade letters; press releases; comparisons; books; notices; drawings; diagrams; 
instructions; manuals; calendars: diaries: articles: magazines; newspapers; brochures; guidelines; 
notes or minutes of meetings or of other communications of any type, including inter- and intra- 
offioe or company communications; questionnaires; surveys; charts: graphs; photographs; files or 
videos; tapes; discs; data cells; bulletins; printouts of information stored, maintained, or 

Page 2 of 3 



transmitted by electronic data or word processing equipment; electronic claims filing and 
transmittals; invoices; and ail other data compilations from which this information can be 
obtained including optical and electromagneticaJly sensitive stored media. 

Please provide all documents, records, data, files and logs electronically. 



Page 3 of 3 



Advice of Rig hts: 

The grand jury' is conducting an investigation of possible violations of Federal criminal 
laws involving: 18 U.S.C § 1030(a)(2) (intentionally accessing a computer without 
authorization and obtaining information with a value that exceeds $5 000) 18 U S C 5 
1030(a)(4) (accessing a protected computer without authorization or exceeding authorized 
access with intent to defraud), 18 U.S.C. § 1030(a)(5)(A) (intentionally causing damage 
without authorization to a protected computer) and 18 U.S.C, § 1343 (wire fraud). 

You may refuse to answer any question if a truthful answer to the question would tend to 
incriminate you. 

Anything that you do say may be used against you by the grand jury or in a subsequent 
legal proceeding. 

If you have retained counsel, the grand jury will permit you a reasonable opportunity to 
step outside the grand jury room to consult with counsel if you so desire.